How to Get a Fiancé Visa

April 29, 2015
By
The Zendeh Del Law Firm

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Are you a U.S. citizen who wishes to bring a foreign national fiancé
to the United States to get married, and live the rest of your days together?
If your fiancé is living in another country, you shall begin by
filing a Form I-129F, Petition for Alien Fiancé.

To petition for a fiancé visa, you must be able to prove that:

You are a U.S. citizen.

You plan to marry your fiancé within 90 days of him or her entering the U.S.

You are both free to marry, and if there are any previous marriages, they
have been legally terminated by annulment, divorce, or death.

You have met your fiancé, in person at least once in the last 2 years.

Are there any exceptions to the “meeting” rule? Yes, there
are two exceptions, however, they do require a waiver: 1) if meeting would
violate the strict customs of your fiancé’s culture, or 2)
if you can prove that the requirement of meeting your fiancé would
impose an extreme hardship upon you.

What happens next?

Once a fiancé visa is issued, your fiancé is allowed to enter
the United States for a period of 90 days, this way you can have your
wedding ceremony. Once you are married, your spouse can apply for permanent
residence and stay in the United States as the USCIS processes your spouse’s
application.

If your fiancé has any children who are under 21 and unmarried,
the children may be entitled to a
K-2 nonimmigrant visa. Don’t forget to include the names of your fiancé’s
children when you fill out the Form I-129F petition.

Can my fiancé work in the U.S.?

Once your fiancé is admitted to the United States, he or she may
immediately apply for permission to work. In order to do this, they will
have to file out a Form I-765, Application for Employment Authorization
with the USCIS Service Center which has jurisdiction over the area that you live.

Any work authorizations based on nonimmigrant fiancé visas are only
valid for 90 days after entry into the U.S. However, when your fiancé
applies for permanent residence, your fiancé can apply for an extended
work authorization at the same time.

In such cases, your fiancé should file Form I-765, along with Form
I-485 as soon as you get married.

Contact a Plano Immigration Attorney

If you are planning on bringing your fiancé to the United States
to join you, and to start a life together, it’s important that you
do everything right from the beginning. This way, you don’t risk
encountering any unnecessary challenges or delays in the process.

The information on this website is for general information purposes only.
Nothing on this site should be taken as legal advice for any individual
case or situation. This information is not intended to create, and receipt
or viewing does not constitute, an attorney-client relationship.